Fraud vitiates every solemn act. The truth and untruth have been so intermixed that there is no option except to set aside the entire selection and its outcome keeping in view the law laid down by Apex Court in the case of Rajesh P.U. (supra).

DEVI PRASAD SINGH, J.

1. Petition under Article 226 of the Constitution of India has been preferred challenging the select list of class IV employees in pursuance to which the opposite party Nos. 5 to 87 have been appointed. The question involved in the present writ petition is that ; whether selection and appointment which has been done in pursuance to General Rules, namely; "Group 'D' Employees' Service Rules, 1985" (in short hereinafter referred as 1985 Rules), is illegal in view of the fact that service conditions of the employees of the Arth and Sankhya Vibhag (in short hereinafter referred as the department) are governed by Rules, namely; Arth & Sankhya Vibhag Nimn Vargiya Sewa Niyamawali, 1957 (in short hereinafter referred as Service Rules, as amended in the year 1997). The other grounds raised by the Petitioners are that the selection and appointment was sham and farce and things were manipulated for extraneous reasons and considerations.

2. The opposite party Nos. 1 to 3 by an advertisement dated 28.7.2006 had invited applications to fill up 86 vacancies of Peons. The educational qualification prescribed for the post was class five passed and having knowledge of cycling. The last date for submission of the application forms was 17.8.2006. Petitioners have also submitted application forms to the Respondents through registered post. For the purpose of selection in question Sri Vishwa Nath Lal, Deputy Director, Azamgarh Region, Azamgarh, was attached to directorate of Economics & Statistics and was made Chairman of the Selection Committee by an order dated 20.7.2006, a copy of which has been filed as Annexure-CA-1 to the counter-affidavit. By an order dated 20.7.2006, Sri V. N. Lal was authorised to make appointment in pursuance to selection in question passed by Director, Economic & Statistics, a copy of which has been filed as Annexure-CA-2 to the counter-affidavit. The names were also summoned from the Employment Exchange and knowledge of cycling was made compulsory. Apart from 86 vacancies of Peon, one post of Sweeper was also advertised, which was reserved for Scheduled Caste Category. Reservation was given to Scheduled Caste, Scheduled Tribes and O.B.C. categories in accordance to rules. Total 13,941 candidates had applied and after scrutiny 52 applications were rejected and 13,889 candidates were called for interview and 8023 candidates appeared in the interview. For the post of Sweeper 40 applications were received out of which 10 applications were rejected and 30 candidates were called for interview. The interview was held from 4.9.2006 to 10.10.2006 (excluding Saturdays, Sundays and other Government holidays).

3. Apart from Sri V. N. Lal, the Chairman of the Selection Committee, other members were Sri A. K. Pandey, Deputy Director Economics, Sri L. K. Singh, Economics and Statistics Officer for the office of Deputy Director, Economics & Statistics, Lucknow Division, Lucknow and Sri Akhileshwar Mishra, District Khadi and Gramouodhog Officer, the nominee of the District Magistrate, Lucknow. Admittedly, the selection was held according to Group 'D' Employees Services Rules, 1985 as amended by 3rd amendment in the year 1999, hereinafter referred as 1985 Rules.

4. According to learned standing counsel, the selection was held from 10.00 A.M. in the morning and almost 250-300 candidates were called on for interview everyday. Compilation/ evaluation of marks was completed by 7.00 p.m., as stated in paragraphs 16 to 18 of the counter-affidavit dated 18.12.2006 and paragraph 14 of the written argument submitted on behalf of the State. According to learned standing counsel it was decided that 5 marks shall be granted to the candidates who know cycling test and support their version through a certificate.

5. Though the int